Biography
An experienced trial lawyer working principally in the energy industry, Marty Truss brings a committed and tough, yet practical, approach to solving clients’ problems in complex commercial litigation. Whether charting a strategic course through pre-litigation controversies or providing first-chair courtroom advocacy in “bet the company” litigation, high-net-worth individuals and businesses of varying size and sophistication routinely turn to Marty for his creative, results-oriented approach to dispute resolution.
Marty has represented clients in trials and arbitrations of complex business disputes in counties in every nook and cranny of Texas and across the country from California to New York. He has represented major and independent energy producers, operators and other mineral interest owners, as well as oil field service companies, drilling contractors, pipeline companies and refiners in a wide variety of business litigation. He frequently handles litigation involving disputes concerning mineral titles, joint operating agreements, farmout agreements, pipeline agreements, IADC contracts, trade secrets, and business fraud. Marty is a AAA panel arbitrator for Commercial Disputes.
Representative Experience
- Acted as lead arbitration counsel in complex royalty litigation, defending against claim of $300,000,000 in royalty damages, successful arbitration award from oil and gas panel was less than .5% of plaintiff’s claim
- Acted as lead trial counsel to a publicly traded exploration and production (E&P) company in successful prosecution of trade secret misappropriation claims, and, following a 41-day trial, the court awarded judgment for misappropriation of trade secrets and entered an 8-figure dollar damage award
- Acted as lead arbitration counsel in complex business divorce involving multiple oilfield trucking businesses and obtained multi-million dollar settlement in middle of arbitration immediately after cross-examination of defense witnesses in client’s case-in-chief
- Served as lead trial counsel for lignite mine jury trial and obtained a directed verdict, re-aligned the parties mid-trial, and obtained a jury verdict against prominent local ranch
- Served as lead trial counsel in extended complex litigation culminating in successful bench trial following summary judgment which forced relocation of 20-inch NGL pipeline from client’s mineral lease and obtained award of more than $1,000,000 in attorneys’ fees
- Obtained $7,500,000 recovery in litigation involving mineral title dispute
- Obtained multi-million dollar recovery in litigation involving partnership dispute and ownership of oil producing properties
- Successful defended, through trial and appeal, a dispute involving title for thousands of mineral acres in South Texas
- Obtained summary judgment for two international mining consulting service companies in a federal lawsuit seeking $1 billion in damages filed in the Western District of Texas, San Antonio Division
- Obtained favorable resolution for publicly traded drilling company in suit filed in a hostile South Texas venue by 14 plaintiffs asserting causes of action for negligence, trespass, and nuisance, their claims included catastrophic damage, including property damage to residences and personal injuries allegedly caused by drilling operations, which resulted in a take nothing judgment on the merits dismissing all causes of action by all plaintiffs against client, and no settlement payment
- Obtained favorable resolution for publicly traded drilling company in lawsuit filed in Oklahoma, alleging breach of confidentiality and non-circumvention agreement and obtained judgment dismissing all causes of action against client and no settlement payment
- Obtained favorable resolution for publicly traded refining company against claims for fraud, fraudulent inducement, and breach of fiduciary duty and obtained dismissal and paid no settlement
Education
- J.D. St. Mary’s University School of Law
- B.A. The University of Texas at San Antonio
Memberships
- Board of Directors, Meals on Wheels San Antonio
- Advisory Committee, United Way of San Antonio
- Greater San Antonio Chamber of Commerce, Leadership San Antonio, Class XXIX
- Past Chair, Family Service Association Board of Directors
- Past Chair, YMCA Youth and Government Texas Board of Directors
- Director, Texas Lawyers and Accountants for the Arts (2017)
- Alumnus, North San Antonio Chamber of Commerce Leadership Lab (2023)
- President, Board of Directors, St. Mary’s Law Alumni Association (2013-2014)
- Oil & Gas Pattern Jury Charge Committee; Oil, Gas & Energy Resources and Litigation Sections; District 10 Grievance Committee, State Bar of Texas: State Bar of Texas, Chair (2016-2017); Panel Chair (2011-2017)
- Co-Chair, Mental Health and Wellness Task Force; Managing Director, Council, Division Director; Co-Chair, First Chair Press; Content Management Committee (2011); Co-Chair, Energy Litigation Committee (2007-2010), American Bar Association
- President, (2015-2016); Director and Officer (2009-2015); Litigation Section, Chair (2006-2007), San Antonio Bar Association
- President, San Antonio Young Lawyers Association (2001-2002)
- Life Fellow, American Bar Foundation
- Life Fellow, Texas Bar Foundation
- Life Fellow, San Antonio Bar Foundation
Achievements
- Chambers USA: America’s Leading Lawyers for Business – Band 1 – Litigation: General Commercial (2021-Present)
- Peer Review Rated AV Preeminent by Martindale-Hubbell
- Super Lawyers® Business Litigation Law, Energy & Natural Resources Law, San Antonio, TX (2007-Present)
- The Best Lawyers in America®, Commercial Litigation (2010-Present), Energy Law (2018-Present), Litigation – Environmental (2015-Present), Litigation – Real Estate (2013-Present), Oil and Gas Law (2018-Present)
- The Best Lawyers in America®, Energy Law and Oil & Gas Law, Lawyer of the Year (2018, 2020, 2022, 2025)
- San Antonio’s Top Attorneys for Oil & Gas, San Antonio Magazine (2019-2021)
- Distinguished Law Graduate Award, St. Mary’s University School of Law (2016)
- Who’s Who in Energy, San Antonio Business Journal and Houston Business Journal (2012, 2014-2016)
- Outstanding Lawyer of the Year – Litigation, San Antonio Business Journal (2011)
- S.A. Scene in “San Antonio’s Best Lawyers” for Business Litigation & Energy: Oil & Gas
- Outstanding Mentor Award, San Antonio Young Lawyers Association (2008)
- Super Lawyers Rising Stars®, Business Litigation Law, Energy & Natural Resources Law, San Antonio, TX (2004-2006)
Speaking Engagements
- “Trade Secret Litigation,” EMLF 45th Annual Institute, Savannah, GA (June 9-11, 2024)
- “Trade Secret Litigation: Applied Ethics in the Oil Patch,” 9th Annual Oil & Gas Disputes Course, State Bar of Texas (January 2023)
- “Apache v. Castex and the Willful Misconduct Standard in JOAs,” 48th Annual Earnest E. Smith Mineral Law Institute, University of Texas School of Law (April 2022)
- “Discovery Update,” 8th Annual Oil & Gas Disputes Course, State Bar of Texas (January 2022)
- “Trade Secrets in the Oil Patch,” Texas Advanced Paralegal Seminar, State Bar of Texas (September 2021)
Press Release